Appeal Division of the Family Court of Australia (Appearing for the Appellant father led by Robert Lethbridge SC)


FAMILY LAW – APPEAL – CHILDREN – RELOCATION – Where the father appeals against final parenting orders which permit the mother to relocate the child to Germany – Where the grounds of appeal challenge findings, the exercise of discretion and weight given to various factors – Whether the primary judge erred in his consideration of the parties’ competing proposals – Whether the primary judge erred in his application of s 60CC(2)(a) of the Family Law Act 1975 (Cth) – Whether the primary judge erred in his evaluation of expert evidence – Whether the primary judge made errors of fact – Where the exercise of making parenting orders for the future is discretionary as per U v U (2002) 211 CLR 238 – Where the primary judge is not bound to accept the evidence of the family consultant – Where the findings made by the primary judge were open on the evidence – Appeal dismissed.

FAMILY LAW – APPEAL – STAY – Where the father appeals against refusal to grant a stay of orders pending the determination of his relocation appeal – Where primary appeal will be dismissed – No utility in stay appeal – Appeal dismissed.

FAMILY LAW – COSTS – Where both appeals dismissed and the father has been wholly unsuccessful – Where an order for costs would impede the father’s ability to meet travel costs associated with the parenting orders – Mother’s application for costs dismissed.